Reflect justice to death-in-custody victim, AG told

An NGO has raised its concern over the prospect of the Attorney-General's Chambers (AGC) appealing against a court decision awarding RM448,000 to the family of death-in-custody victim Syed Mohd Azlan Syed Mohamed Nur.

Eliminating Death and Abuse in Custody Together director M Visvanathan said he wants an assurance that Attorney-General Tommy Thomas will not pursue the matter.

"We request Thomas to give us an assurance that the Johor Baru High Court's ruling will not be appealed. This is to reflect justice to the family," he told the media in Petaling Jaya today.

On Dec 19, Judge See Mee Chun found the police to be responsible over Azlan's death and said the award served as a reminder to the force.

The family was awarded the amount for legal costs; dependency claims; the tort of misfeasance in public office; exemplary damages; and for bereavement, funeral and miscellaneous expenses.

Visvanathan represented the family.

In 2014, police arrested Azlan at his residence over the suspicion of firearm possession. 

He was found dead several hours later after spending time at a police lock-up in Sungai Rengit, Johor.

The Enforcement Agency Integrity Commission (EAIC) later found Azlan was “murdered” by police officers who had assaulted him while he was in custody.

Azlan, 25, was found with 61 wounds on his body. 

The EAIC report said police had cleaned up the scene of the beatings and disposed of certain evidence before medical officers arrived.

Subsequently, three officers were charged but, according to Visvanathan, the Johor Baru High Court had acquitted the trio.

Visvanathan, in a statement on the same day of the court ruling on Nov 19, had said the court's decision had shown that the AGC had acted hypocritically.

“Today’s (Nov 19) decision shows the AGC acted hypocritically," he said.

“On the one hand, it charged three of the defendants in criminal proceedings. But on the other hand, it defended them in this civil trial which is based on the same facts it depended upon in the criminal case.” 

IPCMC makes it more challenging to punish rogue cops

Following the family's victory in the civil suit, Visvanathan also raised his concern that the future Independent Police Complaints and Misconduct Commission (IPCMC) will make it harder for victims to seek justice in court.

This, he said, would be due to the difficulty for the defence to obtain reports from the IPCMC.

"Central to Azlan's decision on Thursday was the investigation report made public by the EAIC," said the lawyer. 

"Although the AGC objected to the EAIC report being accepted as evidence, the judge accepted it and explained her grounds for doing so.

"However, under the Independent Police Conduct Commission proposed in the IPCMC Bill, there is no provision to publish such reports."

The EAIC, Visvanathan said, was a little opening in the blue wall of police deceit. 

"This little opening through which the public can see into the force will be closed by the IPCMC Bill."

The second and third readings of the IPCMC Bill is expected to take place at the next Parliament session in March.  - Mkini